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HomeMy WebLinkAbout04-20-2006 Planning and Zoning Commission PLANNING AND ZONING COMMISSION Monday, April 17, 2006 -7:00 PM (Following City Council Informal Discussion of P&Z related items) Informal Meeting Iowa City City Hall Lobby Conference Room 410 E. Washington Street Thursday, April 20, 2006 - 7:30 PM Formal Meeting . Iowa City City Hall Emma J. Harvat Hall 410 E. Washington Street AGENDA: A. Call to Order B. Public Discussion of Any Item Not on the Agenda C. Rezoning Items 1. REZ05-00005: Discussion of an application submitted by Ace Auto Recyclers for a rezoning of approximately 11.36 acres from General Industrial (1-1 ) zone to Heavy Industrial (1-2) zone for property east of 2752 S. Riverside Drive. (45-day limitation period: Waived) 2. REZ06-00008: Discussion of an application submitted by the City of Iowa City to rezone publicly owned properties including Fire Station #4, Benton Hill Park, Hunter's Run Park, Whispering Meadows Wetland Park, Sycamore Greenway, Glendale Park, Walden Wood Part 9 Outlot A, Windsor Ridge Park, Harlocke Hill Park, Mackinaw Village Outlot, portion of Grant Wood Elementary School property and a portion of Irving Weber School property to P1, Neighborhood Public, and land owned or controlled by University of Iowa or Iowa National Guard to P2, Institutional Public. D. Development Item SUB06-00003: Discussion of an application submitted by Dav-Ed Limited for a preliminary plat of Galway Hills Parts 10 & 11, a 56-lot, 21.75 acre residential subdivision located at Dublin Drive & Shannon Drive. (45-day limitation period: Waived) >>>Applicant has requested deferral<<< E. Other Items F. Consideration of the April 6, 2006 Meeting Minutes G. Adjournment Informal Formal City of Iowa City MEMORANDUM Date: April 20, 2006 To: Planning and Zoning Commission From: Robert Miklo Re: REZ05-00005 2752 Riverside Drive - Ace Auto Recyclers In May 2005 the Commission indefinitely deferred a request to rezone 2.2 acres located east of Riverside Drive from General Industrial (11) to Heavy Industrial (12) to allow the expansion of Ace Auto Recyclers' salvage yard. The Commission indicated that existing zoning violations should be addressed before consideration would be given to rezoning additional land for salvage use. In the intervening months the applicant has removed salvage materials from property located within 300 feet of the right-of-way of S. Riverside Drive. The applicant has amended the application to request that 11.36 acres generally located 300 east of Riverside Drive be rezoned form 11 to 12. A 60'x57.5' area that contains an existing building and is only 240' from Riverside Drive has been included within the proposed 12 area. The 2.2 acres adjacent to Riverside Drive that was originally proposed for rezoning form 11 to 12 has been removed from the request. The applicant has submitted a site plan showing that an office, warehouse, parking lot and lawn area would be located within the 2.2 acre area (parts of the site plan are unclear and will need to be corrected prior to approval). These uses would be associated with Ace's auto parts business. With the exception of the existing scale, a portion of the existing warehouse and a driveway leading to the 11.36 acres, all salvage operations would be located at least 300 east of Riverside Drive. The 11.36-acre 12 zone would contain the existing salvage yard and allow a 1.6-acre expansion area south of the existing area. The applicant has agreed to provide a solid fence or wall around the salvage yard and to plant evergreen trees along the west and south sides of the property. These proposed improvements are intended to bring the property into general compliance with a Conditional Zoning Agreement (CZA) that was entered into in 1974 as well as the requirements of the current code. If the property is rezoned the applicant would also need to seek a special exception to legitimize the salvage yard located within the 11.36 acre. To assure that the landscaping, screening and fencing improvements proposed by the applicant are installed in a timely manner staff recommends that with the exception of the improvements that will be located adjacent to the proposed building, the improvements be installed prior to the issuance of a building permit. The improvements adjacent to the building would need to be installed prior to certificate of occupancy. STAFF RECOMMENDATION: Staff recommends that REZ05-00005 a request submitted by Ace Auto Recyclers to rezone 11.36 acres generally located 300 feet east of S. Riverside Drive from 11 to 12 be approved April 14, 2006 Page 2 subject to compliance with an approved site plan and with the exception of the improvements that will be located adjacent to the proposed building, the improvements be installed prior to the issu.ance of a building permit. ATTACHMENTS: 1. Location Map 2. Site Plan 3. Previous staff report Approved by: Karin Dep CUi SC' ranklin, Director ment of Planning and Community Development ~ "Z --..J ~ Ci <: "Z U) "- '~ "- -....._~- ~ ~ '" ~ t: ,... t3 a. ~ ~ r ,... V) Ci < <:: ~ C)>-C) U)h.Ct:: <:<10 ::r:~9::: C)C)o;o-r --:,~C': '\ -~ j --- LO o o o o I LO o N W a: ~ o Q) -0 .- (j) ~ Q) .> a: C/) C\I LO t--. C\I i o ~ ~ < u o ~ ~ ~ ~ crJ u S 88'01'38" E 619.19' ~ o EXISTING "01':wE 159.78'(R) TEAROOWN- WAREHOUSE ~ ~ ~ ;;: Cl ~ z w u. ~ ~ ~ ~ I b ;- f <},*", ,4:?~ #'<t J' NSS038'S7"W 3>0.00 8 ~ ~ u Ci z g ...J U o o o o Legal Description- Proposed 1-2 Zoning. Commencing a the Northeast comer of the Northeast Quarter of Section 28, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence SOO'OO'OO"W, a recorded bearing along the East Line of said Northeast Quarter, 703.94 feet, to the Point of Beginning; Thence SOO'OO'OO"W, along said East Line ofthe Northeast Quarter, 903.88 feet; Thence S90'00'00"W, 525.30 feet; Thence NOI'IO'OO"E, 541.87 feet; Thence N88'38'57"W, 54.53 feet; Thence N01'24'33"E, 322.72 feet; Thence N88001'38"W, 60.00 feet; Thence NOl058'22"E, 57,50 feet; Thence S88'01'38"E, 619.19 feet, to the Point of Beginning. Said parcel ofland contains 11.36 acres, more or less and is subject to easements and restrictions of record. 1 I ! ~ i :> t I ~ ~ PROPOSED SCUD FENQNG PROPOSED 1-2 ZONING 494755.0 sq. ft 11.36 Acres PROPOSED DRAINAGEWAY AND FIRE FIGIfTlNG ACCESS """""""'...." S 90000'00" W 525.30' 000 NE COR, NE 1/4, SEe. 28-T79N-R6W-STH PM. N8&-ol'3I"W "75.15' + GRAPffiC SCALE 50' ~o' k..r_- ( IN FEET ) SCALE 1"=100' LEGEND PLAT PREPARED BY: HART-FREDERICK CONSULTANTS, P.c. 510 E. STATE ST. P.O. BOX 560 TIFFIN, IA 52304 . 545-7215 OWNER OF RECORD: ACE AUTO RECYCLERS, INC. 2752 S. RIVERSIDE DR. IOWA CITY, lA. 8. GOVIBIlIlBNT CORNllll ill!> SIT 8;8" IRON ROD . roUND IRON ROD (.ta NOTBD) X CUT or IN CONCRITI o llIlTPI<IWL (R) RECORDED DnmNSJONS (M) IIIABURID DIIIKNSlONS - PROPBRTY/BOUHDJ.RY LlNBS - CI!lTIIl LIIlES - RIODT-OF-WAY IJNIS -SICTION LIDS -.......,... UNIS - LOT LJNBS PU'rI'BD OR BY DBID PROPERlY ADDRESS-2752 SO. RIVERSIDE DRIVE PARCEL CONTAINS 28.01 ACRES +/- M88"S9'lS"E 890.21' ;'=2 8:-' 83; 8R III -I ~ ~ ~-1 II i Co ., ,.; ~ ~;;: !b t~ l8 _III :$ ~g N< '3:: ~g w . ..JO:: ~~ wO 0::.... ~ffi <~ w . ~~ \.!) i!!S~ ~E ~~ Oz wo ~t: ~~ g:~ . Z..J :5~ o..w ~3i I!)oll ~ o .'" u'" p.; l' ~ r;)~ ... [; CO> I <!;~ f-< d~ ,...llde ;:J i3 .. ~o~ 0:8 UH ~.8'" Uo~ j:;;l" I ~ 1f~ o~~ ~3e. I~! f-<~ .a .... ;: '" ~U ::r: ; ~ ~ ~ .. ;, '" '" :J I;; :1i . ~ +< ~I go, n ~ j ~~I ~ ~ ~: ~ 0 '" Ii' '" u ~ Q ;; STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: RElO-0005 2752 S Riverside Dr. Ace Auto Recyclers Inc. Date: April 21, 2005 GENERAL INFORMATION: Applicant: Ace Auto Recylcers Inc. 2752 S. Riverside Drive Iowa City, lA' 52246 Contact Person: Don Hilsman Phone: 338 7828 Requested Action: Rezoning from 1-1 to 1-2 Purpose: Expansion of salvage yard Location: South of 2752 S. Riverside Drive Size: 2.2 acres Existing Land Use: Vacant Surrounding Land Use and Zoning: North: Salvage yard -1-1 South: Warehousing -1-1 East: Salvage yard - 1-1 West: Agricultural- County CH Comprehensive Plan: Industrial File Date: March 31, 2005 45 Day Limitation Period: May 15, 2005 SPECIAL INFORMATION: Public Utilities: Sanitary Sewer and water lines are located to the north of this property and would need to be extended to allow development. Public Services: Police and Fire protect are provided by the City. The Westport Route with a stop located to the northwest of this property provides transit service to this area. 2 BACKGROUND INFORMATION: In 1974, upon the request of the property owners at that time, the City annexed this property as part of an approximately 45-acre annexation. The westerly 300 feet of the annexation area including this 2.22-acre area, was zoned Light Industrial (M-1) and the easterly 591 feet was zoned Heavy Industrial (M-2). The M-1 zoning classification, which did not allow salvage yards, was similar to the current General Industrial (1-1) zone. This and the adjacent properties were rezoned to 1-1 with a citywide rezoning in 1983. At the time that this area was annexed, the property owner entered into a Conditional Zoning Agreement (CZA) specifying the conditions pertaining to the operation of a salvage yard on the adjacent property to the east. The intent and requirements of the CZA were to assure that 1) the salvage yard would be located at least 300 feet east of Old Highway 218 (Riverside Drive); 2) there would be a berm and landscaping to screen views of the property from Old Highway 218 and the Iowa River; 3) the auto recycling operation would consist only of temporary storage of automobiles awaiting crushing and crushed automobiles and equipment relating to the crushing operation; and 4) the area used for auto salvage would not to exceed 5 acres. The CZA was recorded as a covenant running with the land so that it applied to the owner who agreed to it as well as future owners. Neither the previous property owner nor the current applicant has adhered to the conditions agreed to in the CZA. The salvage yard was expanded beyond the 5-acre area agreed to by the City and the property owner and now covers approximately 14 acres. The required berm and landscaping was not put in place or has been removed. The applicant continues to operate a salvage operation on adjacent property in violation of the Conditional Zoning Agreement. The applicant had spoken with the BIJilding Department about the possibility of receiving a building permit for a new building to serve the existing salvage yard. The Building Department indicated that the current salvage yard was in violation of the 1-1 zoning as well as the CZA and that no building permit could be issued to expand an illegal use. The applicant is now requesting that this 2.2-acre property be rezoned from 1-1 to Intensive Industrial (1-2). If rezoning were approved, the applicant would then be required to apply for a special exception to allow expansion of the existing salvage yard operations onto this property. ANAL YSIS: Existing Zoning: The existing 1-1 zone is intended to provide for the development of most types of industrial firms. Regulations are designed to protect adjacent residential zones and the other .uses in the zone. The 1-1 zone permits manufacturing, research and testing, wholesale trade and warehousing, among other manufacture-related uses. It does not allow salvage yards. Heinz Road and Industrial Park Road north of Highway 6 are good examples of 1-1 development. Proposed Zoning: The proposed 1-2 Heavy Industrial zone is intended to provide for heavy or intense industries. The zone is designed primarily for manufacturing and fabrication activities, including large-scale or specialized operations having external effects which could impact adjacent less-intense commercial or industrial uses. Permitted uses include industrial, commercial, or related uses. The zone also allows operations such as sand and gravel extraction, and utility substations as provisional uses. Salvage yards may be permitted by special exception only. The following requirements apply to salvage yards if the Board of Adjustment approves a special exception: 1) No salvage shall be permitted within 1,000 feet of an established R zone. 2) All outdoor storage shall be conducted entirely with an enclosed fence, wall or other solid screen, except for driveway areas. Such solid screen shall be constructed on or inside the front, side and rear lot lines and shall be constructed in such a manner that no outdoor storage or salvage operations shall be visible from an adjacent property, street or highway. Storage either temporary or permanent, between such fence or wall and any property line is expressly prohibited. Junk or salvage materials shall not be piled against the fence or highe~ than the height of the 3 fence. 3) For fire protection, a fifteen foot wide, unobstructed firebreak completely surrounding the salvage yard shall be maintained. 4) The storag"e of rags, paper and similar combustible waste shall not be closer than one hundred feet to any property line unless enclosed in a masonry building of not less than four hour fire-resistive construction. Compliance with Comprehensive Plan: The Riverside Drive/Old Highway 218 commercial - industrial corridor is one of the few industrial areas that exist in Iowa City. This area is particularly suited to. industrial development because it is flat, has rail access, has access to the Interstate Highway System, and access to the airport. In addition to recognizing this area as appropriate for industrial development, the South District Plan recognizes Old Highway 218 (Riverside Drive) as an entranceway to Iowa City. It is the first exit from Highway 218 from the south. Because of its high visibility, the South District Plan talks about the need to upgrade this entranceway to the city and raises concerns about the existing salvage operations in the area. The plan notes that expansion of the existing salvage operations may be considered only if effective screening is provided for the existing salvage yards. In staff's view the effective screening of the salvage yards in this area will require adherence to the conditions of the 1974 CZA. This would include setting the operation farther back from Riverside Drive, the construction of a berm and evergreen landscaping to screen the salvage operations from the street and adjacent properties, and the removal of vehicles so that the salvage operations are confined to a specified area. ~ In addition to this being a major southern entranceway to the city, the Comprehensive Plan discusses an east-west arterial street to serve this area of the city. The Capital Improvements Plan includes the extension of Mormon Trek Boulevard south of the airport to Riverside Drive and then the continuation of this arterial as McCollister Bourlevard east across the Iowa River to Scott Boulevard in east Iowa City. This major capital improvement, which is being funded by over $6 million of federal and local dollars, is intended to spur economic development in this part of the city. In staff's opinion the further expansion of a salvage operation in this location is counter to the efforts of the Gity to attract industrial uses, which increase the tax base and provide jobs, to this part of the community. .}-,~~~t In staff's view a salvage yard isa service that may be necessary to serve the community. However because of the negative effects on adjacent properties and the general character of an area, such operations need to be strictly controlled. The current and previous owners of this property have demonstrated an unwillingness to adhere to agreed-upon controls on the existing salvage operations. The existing operation continues to have several illegal aspects. In staff's opinion it would be unwise to expand this operation further in this area, given the City's commitment to improve the entranceway and invest in capital improvements in this part of the community. Zoning this one parcel for intensive industrial uses raises the issue of a spot zoning, in that this one property would be given more intense zoning than surrounding properties. Although two adjacent property owners have indicated support for this rezoning, it is staff's opinion in the long- term, the continued expansion of this illegal salvage operation is not in the public interest and the goal of spurring economic development in this corridor. Summary: This property was annexed into the city as part of a larger annexation. The previous and existing owners of this property have not adhered to a Conditional Zoning Agreement intended to minimize the negative effects of a salvage yard. The salvage yard has expanded on to land that was never zoned for such a use. Any further expansion of the salvage yard may be counter to the City's investment in this area to spur economic development and would constitute a spot zoning. .\,-., 4 STAFF RECOMMENDATION: Staff recommends that REZ05-00005 an application for a rezoning from 1-1 to 1-2 for 2.2 acres located on S. Riverside Drive be denied. ATTACHMENTS: 1. Location Map. 2. Photograph 3. Applicant's statement 4. Correspondence Approved by: , Kar:' Franklin, Director Department of Planning and Community Development S/pcd/staffreporVREZ05-00005.doc ~ ~ t3 ~ ~ ~ t: t3 __..----r-.-\ ~ ~. i I .-/ ./ ----- ,.. - It) ~ :::5 ~>-o V)h.~ ~~9; <::lo;<:c "::>u...... o ~ !!J VIZ A\'IlIlllIH O'IJ (J) t.:: CI) 0" [? 0 9.l~ ~ .. . . #~ ## .... lO o o o o I lO o N W a: ~ at: C 0) "C af.il 0) a~ a: . C/) z o JI-4 5 o ~ ~ t: 00 0) c 0.. 0.. co 2 C o co 5 o Y- o ~ :~ o 1: ~. ~R t: ~ ~~ 88 e~ ~ ~ 0> Q) 0 c: .aCB _.!: ,go 1l.!\ a.. ~o ~ I r"- 8 C'1 =" (\l (ij () (/l 5T AFF REPORT To: Planning & Zoning Commission Prepared by: Jeffrey Banks, Planning Intern Item: REZ06-00008, P1 and P2 zones Date: April 20, 2006 GENERAL INFORMATION: Applicant: Contact Person: City of Iowa City Bob Miklo Phone: 356-5230 Requested Action: Rezoning a number of properties from current zoning designation to P1, Neighborhood Public Zone, and P2, Institutional Public Zone Purpose: To reflect public ownership of the properties listed within this report and to bring properties into compliance with Section 14-2F-1 of the Zoning Ordinance Location: Locations throughout Iowa City listed below Existing Land Use and Zoning: Properties reflect a variety of existing use and zones. File Date: February 25, 2006 BACKGROUND INFORMATION: Section 14-2F-6B of the Zoning Ordinance states that land acquired by the government of the United States, the State or a political subdivision thereof, shall retain its existing zoning designation until such time as the Zoning Map is amended to designate such land a Public Zone. Both zoning designations P1, Neighborhood Public zone, and P2, Institutional Public zone, serve a notice function to those owning or buying land in proximity to publicly owned land. This zone change application has been initiated by the City of Iowa City to bring publicly zoned parcels into compliance with Section 14-2F of the Zoning Ordinance. ANAL YSIS: The City of Iowa City has initiated the rezoning of parcels acquired by the City, by the Iowa City Community School District, and by the State of Iowa, from their prior zoning designation to P1 or P2. The new zoning classification will be consistent with the zoning classifications of properties owned by the Federal government, the State, the County, the City, and all political subdivisions. ' According to the Zoning Ordinance, the P1 zone provides reference for properties owned by the City of Iowa City, Johnson County, and the 19wa City Community School District. The P2 zone . provides reference for land owned or controlled by State or Federal government such as 2 university campuses, regional medical facilities, and post offices. The Zoning Ordinance stipulates specific uses and regulations for both the P1 and P2 zones. Public zones permit the use of land, building, and structures of the Federal and State governments and their political subdivisions, including the City of Iowa City. Approval of the zone change to P1 or P2 for properties which are currently publicly owned will bring these properties into compliance with Section 14-2F of the Zoning Ordinance. The following properties, most of which are parkland, are owned by the City. These properties will be rezoned from their prior zoning designations to P1: 1. Benton Hill Park 2. Hunter's Run Park 3. Whispering Meadows Wetland Park 4. Longfellow Manor, Outlot 1 5. East Hill Subdivision, Outlot A 6. Property which pertains to the future Court Hill Trail 7. Sycamore Greenway Excepting those portions of Sycamore Greenway which fall outside of the boundaries of the City of Iowa City, 8. Glendale Park 9. Walden Wood, Part 9, Outlot A 10. Windsor Ridge Park 11. Harlocke Hill Park 12. Fire Station #4 The following properties are owned by the Iowa City Community School District and will be rezoned to P1 : 1. Grant Wood Elementary School That portion of the Grant Wood Elementary School property located east of Mount Prospect Subdivision, Parts V and VI. 2. Irving Weber Elementary School Wild Prairie Estates, Part I, Outlot B The following properties are owned by the University of Iowa and will be rezoned to P2: 1. 511 Madison Street 2. 320 Melrose Avenue 3 3. Property at Grand Avenue Court 4. Property at Melrose Court 5. 609 Melrose Avenue 6. 223 Lucon Drive 7. 3 Oak Park Court 8. 322 North Clinton Street 9. 430 North Clinton Street 10. 530 North Clinton Street 11. 620 South Madison Street 12. 622 South Madison Street Old Capitol Mall, CB-10/P2 The University of Iowa has purchased portions of Old Capitol Mall and is leasing other portions while most of the firstlevel and portions of the second level are being retained under private ownership. To reflect this mixed tenancy the mall should be rezoned to P2/CB10. The site of the new National Guard Armory north of Melrose Avenue, west of Highway 218 is owned by the Iowa National Guard and is being rezoned to P2: STAFF RECOMMENDATION: Staff recommends approval of the proposed zone changes for properties listed above to P1, Neighborhood Public Zone, and P2, Institutional Public Zone. ATTACHMENTS: Location maps /, /J /~z-'. Approved by: /~c-tA- Robert Miklo, Senior Planner, Department of Planning and Community Development S:\PCD\Staff Reports t: tj ~ ~ ~ t: t3 0r- a.. o +-' CO (j) a: ~ ~ CO a.. I c o +-' C Q) CO Z o ~ ~ < U o ~ ~ ~ ~ r.J) ~ - ,... a: a: t: t3 ~ ~ ,... ~ a.. '" t: a " w w '" U " t3 u ::J a en a: c))'-o I c:: OJ () ,... C . s: --Cl -c:: a.. - '- ~ l) --- CJ} ~[1-' '. -- ~._lf) "" _ Cl..__ ....J - ~ 0: w ~ -~ Cl. -- - -- -r---- s ~ a. o ...... LO C/) a: CD "'" C') (j) t: ~ a. c o (j) :> -0 .0 :J C/) -0 c ~ ~ l.... ~ a. c :J a: (j) "L Q) ...... 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HARVAT HALL CONFERENCE ROOM APRIL 6, 2006 PRELIMINARY MEMBERS PRESENT: Don Anciaux, Bob Brooks, Beth Koppes, Wally Plahutnik, Dean Shannon, Terry Smith MEMBERS ABSENT: Ann Freerks STAFF PRESENT: Mitch Behr, Bob Miklo, Sunil Terdalkar OTHERS PRESENT: Andrew Chappell, Charles Eastham RECOMMENDATIONS TO CITY COUNCIL: Recommend approval, by a vote of 6-0, of SUB06-00004, an application submitted by Douglas Schnoebelen for a preliminary and final plat of Schnoebelen Subdivision, Resubdivision of Lot 2, Hoyles 1st Addition, a 4-lot, 2.61-acre residential subdivision located east of Hummingbird Lane. Recommend approval, by a vote of 6-0, of VAC06-00001, an application submitted by the City of Iowa City to vacate the Alley of Block 27, north of Benton Street between Clinton Street and Dubuque Street. CALL TO ORDER Brooks called the meeting to order at 7:30 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA There was no public discussion. REZONING ITEM REZ06-00001: Discussion of an application submitted by Johnson County Permanent Supportive Housing LP for a rezoning from Public (P) zone to Public/Low Density Multi-Family Residential (P/RM-12) zone for 2.83 acres of property located at 4435-4455 Melrose Avenue. Miklo said there is an issue regarding a median cut for Melrose Avenue. The developer submitted an application to the DOT, but was denied. They are appealing the decision, and request an indefinite deferral of the rezoning application. Shannon asked for clarification on the appeal. Miklo said the developer made application to the local office of the DOT for the median cut and received a letter saying it was not approved, The applicant indicated they will be appealing the decision, but he is not familiar with the appeal process. MOTION: Anciaux moved to defer the rezoning application indefinitely. Smith seconded and the motion carried on a vote of 6-0. SUBDIVISION ITEMS 1. SUB06-00003: Discussion of an application submitted by Dav-Ed Limited for a preliminary plat of Galway Hills Parts 10 & 11, a 56-lot, 21.75 acre residential subdivision located at Dublin Drive and Shannon Drive. . Miklo said the applicant has requested a deferral until the April 20 meeting. MOTION: Koppes moved to defer the subdivision application to April 20. Anciaux seconded and the motion carried on a vote of 6-0. Iowa City Planning and Zoning Commission Minutes April 6, 2006 Page 2 2. SUB06-00004: Discussion of an application submitted by Douglas Schnoebelen for a preliminary and final plat of Schnoebelen Subdivision, Resubdivision of Lot 2, Hoyles 1st Addition, a 4-lot, 2.61 acre residential subdivision located east of Hummingbird Lane. Terdalkar reported the application concerns four residential lots in an RS5 zone. The lots do comply with zoning regulations. Three of the lots front on Hummingbird Land, with the other lot facing Lower West Branch Road. Both roads need improvements to meet city standards. The staff report indicates that the applicant is responsible for improvements to Hummingbird Lane adjacent to the subdivision, approximately 328 feet of road, and a portion of the cost would be shared by the applicant. However, the city engineer confirmed that this section would be part of the capital improvement project for Lower West Branch Road, so staff would like to amend statement to indicate the applicant will not be responsible for a portion of the cost of the road improvement. Terdalker said the applicant will be responsible for installing sidewalks along this section, which should be noted on the legal papers. The applicant is also required to extend sewer to the adjacent subdivision. The applicant is required to pay for the water main extension and sanitary sewer fees. Also, the discrepancies noted in the staff report been resolved, so staff recommended approval subject to approval of legal papers and construction plans. Brooks opened public discussion. There was none. Koppes asked if the commission needs to note the sidewalk requirement in the motion. Smith asked for confirmation that provision for the sidewalks would be included in the legal papers. Behr said yes. MOTION: Smith moved to approve the subdivision application pending approval of legal documents and construction plans prior to council consideration. Plahutnik seconded and the motion carried on a vote of 6-0. VACATION ITEM V AC06-00001: Discussion of an application submitted by the City of Iowa City to vacate the Alley of Block 27, north of Benton Street between Clinton Street and Dubuque Street. Miklo displayed a map indicating the location of the alley. He reported the ally currently serves several businesses located in the block. The county is in the process of acquiring all properties in the area, and had acquired all but two at the writing of the staff report. The two remaining properties do not use the alley, nor do they have access to it. The county's intent is to redevelop the block for a human service office campus, and would rather to do it as a whole rather than in pieces. Miklo said there is a sanitary sewer line running through the alley, so either an easement needs to be retained, or more likely the sewer line will be rerouted to an existing sewer on Dubuque Street. He noted that inquiries have been made with private utility companies, and there are no private utilities in this alley. Shannon said he thinks Quest has.a cable in the alley. Miklo said they were sent a letter, but no response has been received. Miklo said staff does recommend that any necessary utility easements be retained. If there were any utilities other than sanitary sewer, the county would need to work with the private utilities to release the easement in the event that they run through the alley. He noted staff recommends approval of the application subject to retention of the necessary utilities easements. Brooks asked for input from the applicant. Chappell said he is the Assistant County Attorney in the civil division, and the county does not object to the city retaining an easement for the sanitary sewer. He said he suspects the application will come up for approval with the city council before the county is ready to remove buildings, so at that point he would recommend the city retain the easement and move the line at a later date. It looks like there is another sewer line on Dubuque Street where the current one could be rerouted, and the easement would be released at that time. Koppes noted there might be a private utility easement as well. Chappell said the county would take care of that as well. He displayed a picture of the area for the commission members, adding that the county Iowa City Planning and Zoning Commission Minutes April 6, 2006 Page 3 has acquired all but two properties in the area, and are in the process of acquiring the last ones though he does not know what the timing will be on those. Brooks asked whether site plans for the new building would come before the City. Miklo said yes, it would need rezoning to Neighborhood Public P1, and there are some setbacks and site plan requirements for that zoning. Brooks said he would like to make sure there is proper traffic circulation. Miklo said that is under discussion, and the city would work closely with the county on that issue. Chappell added the county is also interested in making sure traffic flows well. Behr said the actual vacation does not affect utilities. When the vacation goes to council, the city always checks on utilities and retains any necessary easements. Smith asked for confirmation that he and Shannon do not have a conflict of interest in this issue due to their employment with private utility companies. Behr said there is no conflict, because the city always keeps those easements. Miklo added that MidAmerican has reported they have no utilities in that alley. Brooks opened up public comment. There was none. MOTION: Anciaux moved to accept the vacation item. Smith seconded and the motion carried on a vote of 6-0. OTHER ITEMS Miklo noted the memo that commission members received regarding the April 17 council meeting and asked the members of the commission to attend. There are two items of interest, the first being that a consultant would be present to outline the steps for the preservation plan. Staff would like the commission to be informed and involved in the process since the Historic Preservation Plan is part of the Comprehensive Plan. Also, Southgate will be presenting concepts for development of the Cardinal Ridge crossing area. Miklo said there would also be an informal commission meeting after the council meeting, hopefully in the lobby conference room. Smith asked what time the meeting would be. Miklo said to plan for 6:30 unless notice is sent otherwise. He said he would put a reminder into the meeting information packet. Shannon said he would miss the April 17 and 20 meetings. CONSIDERATION OF THE MARCH 2.2006 MEETING MINUTES MOTION: Smith moved to accept the minutes from the March 2, 2006 meeting as submitted. Anciaux seconded and the motion carried on a vote of 6-0. ADJOURNMENT MOTION: Smith moved to adjourn. Koppes seconded and the motion carried on a vote of 6-0. 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